Judge places hold on same-sex marriages in Wisconsin

Judge places hold on same-sex marriages in Wisconsin

A week after striking down ban on gay marriage, judge temporarily halts marriages.

A federal judge placed same-sex marriage on hold Friday. U.S. District Judge Barbara Crabb ruled to pause same-sex marriages after striking down the Wisconsin ban on same-sex marriages as a violation of their Fourteenth Amendment right to equal protection and due processĀ a week earlier.

Over the past several days, more thanĀ five hundred couples wed in Wisconsin after the ban was declared unconstitutional, and Judge Crabb expressed the difficulty of her decision.

“After seeing the expressions of joy on the faces of so many newly wedded couples featured in media reports, I find it difficult to impose a stay on the event that is responsible for eliciting that emotion, even if the stay is only temporary,” said Crabb, after placing a stay on the ruling. “Same-sex couples have waited many years to receive equal treatment under the law, so it is understandable that they do not want to wait any longer. However, a federal district court is required to follow the guidance provided by the Supreme Court.”

Wisconsin Attorney General J.B. Van Hollen submitted an appeal following Judge Crabb’s decision last Friday and expressed joy at the stay of ruling.

The decision is a temporary measure meant to prevent action on the original ruling due to Van Hollen’s appeal.

“[W]e will fight for a quick resolution on appeal and are confident that marriage will be a reality in Wisconsin very soon for lesbian and gay couples who have waited much too long already,” said John Knight, an attorney for the American Civil Liberties Union – which challenged the ban.

Van Hollen argues that the marriages completed in the last week are not valid, but Judge Crabb did not comment on the validity of the marriages in her ruling.

According to FreedomToMarry.org, Wisconsin is one of thirty-two states or territories with same-sex lawsuits pending in court.

 

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